Non-commercial research licence

International Statistical Classification of Diseases and Related Health Problems, Tenth Revision (ICD-10), Third Edition, 2007.

International Classification of Diseases for Oncology, Third Edition (ICD-O-3), 2000,

International Classification of Functioning, Disability and Health (ICF). First Edition, 2001

 

Licence agreement dated as of (Insert date) (the "Effective Date"), between the World Health Organization, 20, avenue Appia 1211 Geneva 27, Switzerland, (hereinafter referred to as “WHO”) and the (insert name of organization and address) (hereinafter referred as the “Licensee”).

 

WHEREAS WHO has developed the International Statistical Classification of Diseases and Related Health Problems, Tenth Revision (ICD-10), Second Edition (ICD-10), International Classification of Diseases for Oncology, 3rd Edition (ICD-O-3), International Classification of Functioning, Disability and Health (ICF), which consist of the alphanumeric codes, descriptions, nomenclature, lists and indexes, herinafter referred to as  ("Classifications").

 

WHEREAS WHO is committed to providing access to the Classifications to further public research and agrees to permit the Licensee to use computer-readable versions of the Classifications for internal non-commercial research and statistical analysis, subject to the terms of this Licence.

 

WHEREAS, Licensee wishes to use Classifications for internal non-commercial research and statistical analysis, and agrees to fulfil certain reporting obligations outlined in clause 2 so that WHO may use the findings to improve the Classifications.

 

Accordingly, the parties agree:

 

1.                  Licence. WHO grants Licensee a non-exclusive, nonassignable and non-sublicensable Licence to incorporate and use the Classifications in computer applications or systems designed for non-commercial research and statistical analysis and destined for internal research use at the Licensee's site(s) subject to the restrictions in other provisions of this agreement. Internal non-commercial research use includes use by employees and students of a single institution at a single or multiple sites. Internal non-commercial research and statistical analysis use expressly excludes: use of the Classifications for administrative purposes including patient data creation/management; development of a product containing the Classifications without additional written authorisation from WHO;  incorporation of the Classifications in any publicly accessible computer-based information system or public electronic bulletin board including the Internet; distribution of the Classifications on a stand-alone basis, publishing or translating or creating derivative works; selling, leasing, licensing, or otherwise making the Classifications available to any unauthorized party; and copying for any purpose except for back up or archival purposes.

 

2.                  Reporting.  In lieu of charges, usage fees or royalties Licensee undertakes to fulfil the following Reporting obligations to WHO: within  30 days from the end of any calendar year in which Licensee makes use of the Classifications, Licensee agrees to provide WHO with a brief report on the use of the Classifications in the research project, any difficulties encountered in using the Classifications and suggestions that would make the Classifications more useful to Licensee and its user groups.

 

 

3.                  Copyright. Licensee agrees that in order to protect WHO’s copyright and to enable the user to order or refer to the published volumes, WHO shall be acknowledged with an appropriate reference to the Classifications, as follows:

 

Abbreviated form: ICD-10 codes, terms and text © World Health Organization, Third Edition. 2007.

                             ICD-O-3 codes, terms and text © World Health Organization, Third  Edition. 2007.

                             ICF codes, terms and text © World Health Organization, First Edition, 2001.

 

4.                  Delivery of the Classifications. Upon completion and acceptance of this agreement, Licensee will have access to the Classifications in computer-readable downloadable file formats. WHO reserves the right to change the file format and content of its computer-readable data.

 

5.                  No modification or changes. The Classifications shall not be amended, abridged, deleted, translated, or in any other way changed without the consent of WHO.

 

6.                  Correct use of the Classifications.. The Classifications will be used according to the instructions with the data. The user is responsible for ensuring that the Classifications are properly used in this manner.

 

7.                  Protection of the Classifications. The Licensee shall protect the Classifications from unauthorised access, copying, transmission or use by others with the same degree of care that it exercises in the protection of its own proprietary material. basis.

 

8.                  No warranty by WHO. All reasonable precautions have been taken by the World Health Organization to verify the information contained in the Classifications. However the Classifications are distributed without warranty of any kind, either express or implied.  In no event shall the World Health Organization be liable for damages, including any general, special, incidental, or consequential damages, arising out of the use of the Classifications. WHO shall not be responsible for any claim, suit or action by any third party arising out of any error caused by the Licensee in reformatting, storing, transmitting or otherwise handling the Classifications.

           

9.                  Nonassignability. This agreement may not be assigned by WHO or the Licensee without the prior written consent of the other party.

 

10.              Endorsement.  The use of the Classifications by Licensee does not imply any endorsement by WHO of the Licensee or its activities. The emblem of the World Health Organization may not be used without permission being specifically requested by the Licensee and expressly granted by WHO in writing. Licensee shall not apply for any trademark or service mark registrations for a product name containing either the acronym  or the full title of the classification.

11.              No Joint Venture or Partnership. Nothing in this agreement shall be deemed to create a joint venture, partnership, agency or other relationship.
 

12.              Termination. Either party shall have the right to terminate this agreement subject to 30 days' notice. In addition, WHO has the right to revoke the Licence, with immediate effect,  if the proposed use of the Classifications by Licensee is not compatible with the uses of the Classifications outlined in Clause 1. As from the date of termination, Licensee has no further right to use the Classifications.  The termination shall not affect any accrued rights or liabilities of either party at the date of termination. In no event shall the World Health Organization be liable for damages, including any general, special, incidental, or consequential damages, arising from the termination of this agreement.

13.              Termination in case of breach: WHO shall have the right to terminate this agreement by notice in writing to the Licensee, if the Licensee should be in breach of any of provision outlined in this Agreement, and such breach is not cured within 7 days after written notice of such breach has been served. As from the date of termination, Licensee has no right to access and use the Classifications. The termination shall not affect any accrued rights or liabilities of either party at the date of termination.

 

14.              Disputes.         Any dispute relating to the interpretation or application of this agreement shall, unless amicably settled, be subject to conciliation.  In the event of failure of the latter, the dispute shall be settled by arbitration.  The arbitration shall be conducted in accordance with the modalities to be agreed upon by the parties or, in the absence of agreement, with the Rules of Arbitration of the International Chamber of Commerce.  The parties shall accept the arbitral award as final.

15.              Privileges and Immunities. Nothing in or relating to this agreement shall be deemed a waiver of any of the privileges and immunities of WHO in conformity with the Convention on the Privileges and Immunities of the Specialized Agencies approved by the General Assembly of the United Nations on November 21, 1947 or otherwise under any national or international law, convention or agreement